Quinn asks torture commission director to step down

Jose M. Osorio / Chicago Tribune

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Gov. Pat Quinn has asked the director of a state commission vetting allegations of police torture to step down amid complaints from victims' families that the commission violated Illinois law by excluding them from the process.

Quinn said in a letter released Wednesday that he had asked David Thomas to resign from the Illinois Torture Inquiry and Relief Commission immediately, "and if he does not do so the commission should remove him."

While the commission's assignment to look for possibly torture-induced confessions was critical, "it is just as critical ... to hear from the families of the murdered victims," Quinn stated in the letter, which was addressed to Cook County State's Attorney Anita Alvarez, who had written to the governor expressing concerns about the treatment of victims' families.

The controversy began in July after the commission released findings that there was credible evidence of torture in the cases of five men who confessed to murder, most during questioning by disgraced former Chicago police Cmdr. Jon Burge or detectives working for him.

Among those allegedly tortured was Jerry Mahaffey, who is serving a life sentence in the 1983 home invasion, rape and slaying of Dean and JoEllen Pueschel and the near-fatal beating of their young son. The commission said there was evidence that detectives under Burge pummeled Mahaffey, nearly suffocated him with a plastic garbage bag and threatened to put his children in an orphanage until he confessed.

Joe Heinrich, the brother of JoEllen Pueschel, said in an interview Thursday that he was on vacation when he found out from a reporter that the commission had referred Mahaffey's case back to court for a possible new trial. Heinrich, a college professor and retired police officer who lives in Elgin, said no one from the commission ever tried to contact his family to let members know or offer a chance to give their input.

"It's the kind of thing that sucks the wind out of you and totally derails your life," Heinrich said. "I don't think the commission thinks about that or cares about it."

The 2009 law establishing the commission states that in cases where evidence of torture is found, the director "shall use all due diligence to notify the victim and explain the inquiry process," and notify victims of their "right to present his or her views and concerns throughout the ... investigation."

Heinrich said that when he contacted Thomas about the lack of notification, Thomas told him the panel had gathered information for victims' families in the Mahaffey case but his staff had "inadvertently" failed to follow up. Heinrich said he believes the commission is biased toward defendants and that the lack of communication was not just an oversight.

Thomas rescinded the Mahaffey decision as soon as he heard from Heinrich, and he invited all family members to the next meeting Sept. 25, where they will be allowed to air their concerns. Actions in two other cases were rescinded out of similar concerns, and they are on the agenda for the same meeting, according to the commission's website.

In an email to reporters Thursday, Thomas wrote that he will "not be stepping down today."

"Basically, there is no reason to resign: everything possible has been done to remedy those cases where unintentional mistakes were made, and the procedures have been changed to ensure that it doesn't happen again," Thomas wrote.

Len Cavise, a DePaul University law professor who is on the commission, said Quinn was "operating on a poor set of facts" when he asked for Thomas' resignation.

"We think that Dave Thomas has done a magnificent job," Cavise said.

The controversy comes as the 40-year legacy of torture of mostly black defendants conducted by Burge's "midnight crew" of detectives continues to reverberate in the courts and the city's politics. Burge, 64, was convicted on federal charges for lying under oath about the torture allegations and is serving a 41/2–year prison sentence.

So far the city and Cook County have spent a combined $96 million on Burge-related settlements and legal fees. On Wednesday, Mayor Rahm Emanuel issued an unexpected apology for the stain Burge has left on the city.